It's happening.At the end of November, at the UCP's Annual General Meeting (AGM) in Edmonton, members will vote on whether they want to repeal the Care-First auto insurance regulations that is set to come into effect in January 2027.The policy resolution seeks to "return to a tort-based system" — a system where victims can sue at-fault drivers.The resolution states at-fault-based insurance system reflects "conservative values by promoting personal responsibility and accountability, ensuring fair compensation based on fault and reducing fraudulent claims.".The policy resolution was submitted by Karamveer Lalh, a lawyer at James H. Brown & Associates, who told the Western Standard, "The top 35 policy proposals are debated at the convention.""My understanding is that this was the top-ranked policy proposal, so I think that result does speak to the mindset of UCP members.""The resolution that I brought forward is not a new proposal, but rather an amendment to an existing policy," said Lalh."The original policy suggested that DCPD (direct compensation for property damage — this allows your vehicle to be repaired by your own insurance company if you're not at fault) should be repealed because it was framed as a 'no-fault' system.""My proposed amendment would remove the references to DCPD, as I believe this better reflects the will of the membership.".Lalh said this is because he believes it's crucial "for injury victims to access individualized compensation that meets their specific needs and losses."Under the Care-First insurance model, Albertans would have an — almost— non-negotiable set compensation amount for injuries, disregarding their specific circumstances when they are injured by at-fault drivers."All of the determining factors [for compensation] get thrown into the garbage [under Care-first], and there's just a meat chart and exact dollar figure that you get awarded for particular injuries, which is absolutely ridiculous," Ricky Bagga, lawyer at Crash Lawyers, told the Western Standard in another article.Whether the government actually reverses its planned Care-First system, Lalh states, "all the policies proposed by members are non-binding on the Government."."But as all UCP members know, the government ignores the party at their own peril.""The Automobile Insurance Act has been drafted in a flexible manner, allowing it to accommodate significant revisions to the role of tort in the new system.""When the government met with industry stakeholders in the summer of 2024, there was broad alignment between healthcare providers, lawyers, and insurers regarding the overall shape of the reform: improved benefits and the right to sue for those with serious injuries.""We never received a satisfactory answer as to why this consensus was ignored.""That said, I would suspect that all industry stakeholders would be more than willing to sit down again and assist the government with a new proposal if they were asked," concluded Lalh..Bagga added, "Albertans have spoken and are vehemently against no-fault insurance."The Ministry of Treasury Board and Finance previously told the Western Standard, “Under Care-First, most claims will be resolved outside of court, but injured Albertans can still sue at-fault drivers convicted of serious offences like impaired driving or fleeing police.""Details on the litigation process will be finalized once the regulations are complete."So far, only draft regulations are available regarding the litigation rights under Care-First. No matter which way delegates vote, the government isn't bound by it.
